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My attorney has had this estate case .5 years Has been paid

Customer Question
My attorney has had this...
My attorney has had this estate case for 2.5 years
Has been paid over 5K with no results. My sister is the exex. and has been dragging her feet and running the show.
Peter
Submitted: 1 year ago.Category: Estate Law
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Answered in 1 hour by:
3/15/2016
Estate Lawyer: RONB-ESQ, Attorney replied 1 year ago
RONB-ESQ
RONB-ESQ, Attorney
Category: Estate Law
Satisfied Customers: 357
Experience: Right of Way Manager at Access Midstream Partners, LP
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Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Let me review a couple things and I will be right back. Can you confirm the probate is in Michigan?

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Estate Lawyer: RONB-ESQ, Attorney replied 1 year ago

You have the right in Michigan to file a motion with the probate court to have the court compel your sister to act. You are entitled to file this after 1 year has passed since her appointment see http://www.legislature.mi.gov/(S(u4pbt2htiluskd4xfcjlqrgf))/mileg.aspx?page=GetMCLDocument&objectname=mcl-700-3952

This is from the Kent County Probate site and even if you are in a different county it cites Michigan state law and is easier to read than the statute. There is also some other helpful information. I cut and pasted the relevant section from https://www.accesskent.com/Courts/Probate/closing_estate.htm

Order of Complete Estate Settlement

Pursuant to MCL(###) ###-####a personal representative or an interested person may petition for an order of complete estate settlement. This is a formal proceeding which offers a procedure to settle all issues in closing an estate. It gives the personal representative the protection of the conclusiveness of a court order. This procedure is available for all estate proceedings whether or not they were begun by informal or formal proceedings. If formal testacy has not been determined, such a determination can be asked for if it is desired before final distribution. An estate proceeding in supervised administration must be closed in this manner. The personal representative may petition at any time, and an interested person may petition after 1 year from the original personal representative's appointment. However, the court shall not accept a petition under this section until the time expires for presenting a claim that arises before the decedent's death.

A petition for an order of complete estate settlement may request the court to determine testacy, if not previously determined, to consider the final account, to compel or approve an accounting and distribution, to construe a will or determine heirs, and to adjudicate the estate's final settlement and distribution. There are two court form that may be used depending upon whether testacy was or was not previously adjudicated. The forms are Petition for Complete Estate Settlement, Testacy Previously Adjudicated ( PC 593) and Petition for Adjudication of Testacy and Complete Estate Settlement ( PC 594). Schedule of Distribution and Payment of Claims ( PC 596) may be used as an attachment for either petition. If there is a request for an adjudication of testacy, there must also be a determination of heirs. It is contemplated that as a part of this procedure the personal representative will request to be discharged. Pursuant to Michigan Court Rule (MCR) 5.311(B)(3) a personal representative filing a discharge request must also file additional papers with the court so the court can make a determination that the estate has been properly administered.

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Estate Lawyer: RONB-ESQ, Attorney replied 1 year ago

I must apologize for the website as I typed this answer with about same detail about 1`-1/2 hours ago and posted it. I saw it move up to your window, but when I just came back and looked it appeared as though all I had done was post my introduction.

If you have any questions or concerns about my response, please reply and let me know. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I receive credit for the time I spent answering your question. If for some reason you don’t feel you can provide me positive feedback please reply and give me the opportunity to clarify my answer before giving me negative feedback.

Regards, Ron

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RONB-ESQ
RONB-ESQ
RONB-ESQ, Attorney
Category: Estate Law
Satisfied Customers: 357
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Experience: Right of Way Manager at Access Midstream Partners, LP

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